Can u be charged with issuing a bad check if you have already paid half of the amount of the check bsck

UPDATED: Oct 1, 2022

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Can u be charged with issuing a bad check if you have already paid half of the amount of the check bsck

Wrote a check to a company and
accidentally made it out for the wrong
name. Was notified by company that they
couldn’t deposit and to send a new
payment and the next thing I find out
they deposited it. He is threatening to
have me arrested even though I have been
making payments on it per his request.

Asked on November 22, 2017 under Criminal Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

What you describe is not the crime of passing a bad check. Passing a bad check is only a crime if there can be shown to have been an intention to write or pass a bad check. An honest error--writing to the wrong person; accidently writing a check from small or closed account 1 instead of ample account 2 as had been intened; etc.--is not a crime so long as the evidence supports that it was an honest error. You have been paying on the check: this shows that there was no criminal intent. They could sue you for any unpaid money, if they grow impatient with your repayment schedule or you stop paying, but you should not face criminal liability in the situation you describe. Even if they lie to the police to try to get you arrested, when the true facts come out, you should have a good defense.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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